BLD Bach Langheid Dallmayr - Property_Consulting_en

Property Insurance:

Consulting

 

In our firm we also have specialized property lawyers that pool together litigation services with legal advice for your insurance products and non-contentious issues. We work on general terms and conditions – dealing with the consumer associations if necessary – as well as individual wordings and reinsurance contracts and regulatory issues. We regularly assist

 

  • German and non-German insurers with setting up their operations in Germany,
  • as well as with run-off strategies;
  • adopt individual products to the legal requirements of German insurance law; 
  • handle claims out of court i.e. preventing disputes with industrial insureds at an early stage;
  • guide the allocation of a loss between co-, xs- and reinsurers.

 

 

Product Development

Even though the European Union has become one insurance market from commercially speaking, there are still quite a few peculiarities in national law that need to be kept in mind. The German law affects consumer business as well as industrial risks when it comes to general terms and conditions. Insureds that do not qualify as a jumbo risk are granted semi-mandatory rights – particularly since insurance contract law underwent a major change in 2008, and jurisdictional forces reflect the basic ideas of German legislators, even in products for industrial customers. If a contract is governed by German law, the relevant principles of German insurance law need to be implemented in effective T&Cs to properly protect your company's interests. Even if a product is already successfully operated in other parts of the European Union – even in German speaking parts – there is a need to adjust it to the German market.

 

Individual contracts for jumbo risks require constant adjustment to the insured's needs with the subsequent effects on insurer's business. Flexibility and adjustment is the key to remain competitive. Predictable outcome of insurance business is not just a commercial issue but a legal one as well.

 

Potential opponents of T&Cs are not just the insured but also consumers' associations. Our consultants address complaints on behalf of consumers and consumers’ associations on a daily basis.

International and Multi-Layer Programs

Our services include contracts within international insurance programs with local and master cover. With cross-border business and international insurance programs coverage issues and claims get influenced by the way to calculate indemnity under German insurance law. The involvement of multiple insurers or an insured registered in Germany might influence the applicable law and refer an insurance contract to the German legal assessment even though both parties did not intend to do so. That’s when our team of consultants can step in.

Prominent Losses

Sometimes, it is the kind of losses, claims or claimants that stand out from everyday business and request for special attention. Based on specific cases we will put together a qualified team which will process all coverage-related issues, liability problems and subsequent subrogation options representing the insurer's interest on all levels of loss adjustment and legal procedure.

 

Likewise, we offer experienced advice on coverage issues that arise from either the involvement of co-insurers and/or reinsurers. We are familiar with handling proceedings that are brought against one company but affect the interest of many more co-insurers/reinsurers and advise all insurers on their procedural rights providing sufficient information about and monitoring for pending procedures where requested and agreed between the insurers involved.

International Liaison

Being German lawyers, our main expertise is focused on the German law and law practice in Germany. Yet, we are part of an international network and with the contact to our cooperation partners we ensure best claims handling whether at home or abroad. Regardless of whether our service is requested as an internal expertise or external representation, our team processes the relevant facts with great attention to detail, gives experienced legal advice on loss adjustment from a globally competent perspective and will find suitable courses of action with your commercial interests in mind.

Key Contact

 

Dr. Martin Alexander, LL.M.

Theodor-Heuss-Ring 13-15
50668 Cologne

Tel  +49 221 944027-911
Fax +49 221 944027-985
martin.alexander@bld.de

 

PROF. DR. DIRK-CARSTEN GÜNTHER

Theodor-Heuss-Ring 13-15
50668 Cologne

Tel  +49 221 944027-911
Fax +49 221 944027-927

dirk-carsten.guenther@bld.de